Title 18 — Crimes and Criminal Procedure
Part I · Chapter 88 — Privacy
§ 1801. Video voyeurism
Statutory text
Whoever, in the special maritime and territorial jurisdiction of the United States, has the intent to capture an image of a private area of an individual without their consent, and knowingly does so under circumstances in which the individual has a reasonable expectation of privacy, shall be fined under this title or imprisoned not more than one year, or both.
In this section—
the term “capture”, with respect to an image, means to videotape, photograph, film, record by any means, or broadcast;
the term “broadcast” means to electronically transmit a visual image with the intent that it be viewed by a person or persons;
the term “a private area of the individual” means the naked or undergarment clad genitals, pubic area, buttocks, or female breast of that individual;
the term “female breast” means any portion of the female breast below the top of the areola; and
the term “under circumstances in which that individual has a reasonable expectation of privacy” means—
circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the individual was being captured; or
circumstances in which a reasonable person would believe that a private area of the individual would not be visible to the public, regardless of whether that person is in a public or private place.
This section does not prohibit any lawful law enforcement, correctional, or intelligence activity.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Video Voyeurism Prevention Act of 2004
Pub. L. 108–495 § 2(a) · 118 Stat. 3999
Enacted · 18 U.S.C. § 1801
(Added Pub. L. 108–495, § 2(a), Dec. 23, 2004, 118 Stat. 3999.)
Source evidence
Code source credit
(Added Pub. L. 108–495, § 2(a), Dec. 23, 2004, 118 Stat. 3999.)Enacted provision · exact public law section
(a) In General.— Title 18, United States Code, is amended by inserting after chapter 87 the following new chapter: “CHAPTER 88— PRIVACY “Sec. “1801. Video voyeurism. “§ 1801. Video voyeurism “(a) Whoever, in the special maritime and territorial jurisdiction of the United States, has the intent to capture an image of a private area of an individual without their consent, and knowingly does so under circumstances in which the individual has a reasonable expectation of privacy, shall be fined under this title or imprisoned not more than one year, or both. “(b) In this section— “(1) the term ‘capture’, with respect to an image, means to videotape, photograph, film, record by any means, or broadcast; “(2) the term ‘broadcast’ means to electronically transmit a visual image with the intent that it be viewed by a person or persons; “(3) the term ‘a private area of the individual’ means the naked or undergarment clad genitals, pubic area, buttocks, or female breast of that individual; “(4) the term ‘female breast’ means any portion of the female breast below the top of the areola; and “(5) the term ‘under circumstances in which that individual has a reasonable expectation of privacy’ means— “(A) circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the individual was being captured; or “(B) circumstances in which a reasonable person would believe that a private area of the individual would not be visible to the public, regardless of whether that person is in a public or private place. “(c) This section does not prohibit any lawful law enforcement, correctional, or intelligence activity.” .
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Short Title of 2004 Amendment
Pub. L. 108–495, § 1, , 118 Stat. 3999, provided that: “This Act [enacting this chapter] may be cited as the ‘Video Voyeurism Prevention Act of 2004’.”
Credits
(Added Pub. L. 108–495, § 2(a), , 118 Stat. 3999.)